Capsule-updates for SH (Safe Havens)

AGGRAVATED FELONY - CRIME OF VIOLENCE - USE OF FORCE

United States v. Villegas-Hernandez, __ F.3d __, 2006 WL 3072558 (5th Cir. Oct. 31, 2006) (Texas conviction for violation of Penal Code 22.01(a), assault, is not an aggravated felony crime of violence for illegal re-entry sentencing purposes since the statute may be violated without the perpetrator using force against the victim).

http://caselaw.lp.findlaw.com/data2/circs/5th/0540988cr0p.pdf

jurisdiction: 
Fifth Circuit

AGGRAVATED FELONY - DRUG TRAFFICKING - SIMPLE POSSESSION

Gutnik v. Gonzales, ___ F.3d ___, 2006 WL 3423144 (7th Cir. Nov. 29, 2006) (Illinois felony conviction of possession of heroin is not an aggravated felony under 8 U.S.C. 1227(a)(2)(A)(iii) because at the federal level that crime is punishable as a misdemeanor), following Gonzales-Gomez v. Achim, 441 F.3d 532 (7th Cir. 2006).

jurisdiction: 
Seventh Circuit

CONTROLLED SUBSTANCES - DRUG PARAPHERNALIA - DOES POSSESSION OF PARAPHERNALIA WITH INTENT TO SMOKE LESS THAN 30 GRAMS OF MARIJUANA TRIGGER DEPORTATION

Gutnik v. Gonzales, 469 F.3d 683 (7th Cir. Nov. 29, 2006) (suggesting conviction for possession of paraphernalia with intent to smoke less than 30 grams of marijuana should fall within INA 237(a)(2)(B) exception to deportability).

jurisdiction: 
Seventh Circuit

AGGRAVATED FELONY - SENTENCE - MAXIMUM SENTENCE AND ACTUAL SENTENCES ARE COMPUTED REGARDLESS OF SENTENCE REQUIRED BY RECIDIVIST SENTENCE ENHANCEMENT

United States v. Rodriquez, 464 F.3d 1072 (9th Cir. Oct. 5, 2006) (Washington convictions for delivery of a controlled substance, in violation of Wash. Rev.Code 9A.20.021(1)(c), did not qualify as predicate "serious drug offense" "for which a maximum term of imprisonment of ten years or more is prescribed by law," under the Armed Career Criminal Act, 18 U.S.C.

jurisdiction: 
Ninth Circuit

AGGRAVATED FELONY - FIREARMS TRAFFICKING - TRANSPORTATION ACROSS STATE LINES

Joseph v. United States Atty Gen., 465 F.3d 123 (3d Cir. Oct. 2, 2006) (federal conviction of 18 U.S.C. 922(a)(3) and 924(a)(1)(D) [transporting firearm across state lines] is not an aggravated felony firearms trafficking offense under INA 101(a)(43)(C) for immigration purposes because the statute does not at a minimum require "trafficking" in firearms; the offense may be committed by bringing ones own firearm across state lines).

jurisdiction: 
Third Circuit

DOMESTIC VIOLENCE - CHILD ABUSE

Velazquez-Herrera v. Gonzales, 466 F.3d 781 (9th Cir. Oct. 19, 2006) (reversing BIA decision that Washington conviction of fourth degree assault constituted a crime of child abuse under 8 U.S.C. 1227(a)(2)(E)(i), and remanding to the BIA to issue a precedential decision defining what constitutes "child abuse" for purpose of this ground of deportation).

http://caselaw.lp.findlaw.com/data2/circs/9th/0472417p.pdf

jurisdiction: 
Ninth Circuit

CRIMES OF MORAL TURPITUDE - DEPORTATION FOR SINGLE CMT - NOLO PLEA NOT SUFFICIENT BY ITSELF TO SHOW OFFENSE "COMMITTED" WITHIN FIVE YEARS OF ADMISSION

United States v. Nguyen, 465 F.3d 1128 (9th Cir. Oct. 18, 2006) (federal conviction under 8 U.S.C.

jurisdiction: 
Ninth Circuit

CONVICTION - PLEA - NOLO CONTENDERE PLEA - ALFORD PLEA - EFFECT

United States v. Guerrero-Velasquez, 434 F.3d 1193, 1194 (9th Cir. 2006) (a guilty plea is an admission of the facts charged in the indictment, and an Alford plea, in which the defendant enters a guilty plea while maintaining his innocence, is nevertheless a guilty plea under Taylor v. United States, 495 U.S. 575, 110 S. Ct. 2143, 109 L. Ed. 2d 607 (1990)).

jurisdiction: 
Ninth Circuit

CONVICTION - JUVENILE - NEW YORK YOUTHFUL CONVICTION PROPERLY CONSIDERED AGGRAVATED FELONY FOR ILLEGAL REENTRY SENTENCE ENHANCEMENT PURPOSES

United States v. Pereira, 465 F.3d515, 2006 WL 2925642 (2d Cir. Oct. 13, 2006)( New York conviction of robbery, with term of imprisonment of 62 months, constituted aggravated felony conviction for purposes of 16-level illegal reentry sentence enhancement, even though the defendant was adjudicated a youthful offender under New York State law).

http://caselaw.lp.findlaw.com/data2/circs/2nd/055969p.pdf

jurisdiction: 
Second Circuit

CRIMES OF MORAL TURPITUDE - DOMESTIC BATTERY

Galeana-Mendoza v. Gonzales, 465 F.3d 1054, 2006 WL 2846379 (9th Cir. Oct. 6, 2006) (California convictions of simple battery on the mother of defendant's child, in violation of Penal Code 243(e)(1), were not categorically crimes of moral turpitude since the least touching was sufficient to violate the statute, and the domestic relationship, standing alone, was insufficient to establish moral turpitude).

jurisdiction: 
Ninth Circuit

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